Exposure to asbestos fibers is a known mesothelioma risk. Although government and industry regulations have enacted tight controls over asbestos, each year doctors diagnose thousands of new cases of mesothelioma. A mesothelioma diagnosis can leave its sufferers and their families with large medical costs and other losses that they would not have faced but for their exposure to asbestos in their workplaces.
The mesothelioma attorneys at Showard Law Firm help workers and their families across the United States to recover the damages they deserve in compensation for their asbestos-related mesothelioma. The attorneys at our mesothelioma law firm are sensitive to the physical and emotional upheavals that a mesothelioma diagnosis can cause. When we accept your case, we will pursue all legal options and theories to get you the compensation you deserve and to ease the burdens of your illness.
Before You File Your Mesothelioma Lawsuit: The Statute of Limitations
Your first concern after your diagnosis will naturally be to get the medical treatment you need. We strongly encourage you to do that, as early diagnosis and treatment are your best opportunity to send your cancer into remission. While you are receiving treatment, you should establish a relationship with an experienced mesothelioma law firm that will help you to collect the information and evidence you need to pursue your case.
The statute of limitations for your mesothelioma lawsuit will require you to start your lawsuit within one to five years of your initial diagnosis, depending on where you live and where your case will be filed. When you establish an early relationship with your mesothelioma lawyers, they will confirm that you are meeting the applicable filing deadline for your lawsuit.
Allocating Responsibility for Asbestos Exposure in a Mesothelioma Lawsuit
Responsibility for workplace asbestos exposure has been imposed on more 100 different companies. Many of those companies filed for bankruptcy protection when claims began to pile up. Rather than leaving mesothelioma victims without compensation, bankruptcy courts required those companies to fund asbestos trusts to pay for victims’ medical and treatment-related cost, lost wages, and pain and suffering associated with a mesothelioma diagnosis. Currently, those trust funds are holding more than $30 billion for reimbursement of valid claims.
Your asbestos lawyers will examine the details of your case to determine whether your claim should be directed at one or more of the asbestos trusts or at other defendants that bear responsibility for your workplace asbestos exposure.
How Much Time Will Your Asbestos Lawsuit Take?
Most asbestos and mesothelioma lawsuits will either go to trial or settle within one to four years after they are filed. If you are very ill, your lawsuit might advance more quickly, which can accelerate your ability to recover compensation to reimburse your medical costs.
Your mesothelioma lawyers will spend time with you early in this process to discuss the details of your case and the workplace circumstances that led to your asbestos exposure. As the case moves forward, your lawyers will keep you apprised of its progress and will consult with you on settlement options and trial scheduling. During the first few months after your case is filed, the court will likely schedule a case management conference that establishes deadlines for the parties to file motions and exchange discovery evidence. Those deadlines will then give you specific dates and times for the balance of your case.
Estate Claims when a Mesothelioma Victim Dies Before a Case is Resolved
The person who is appointed as the estate representative will have the opportunity to file or to continue an existing case in the event that a mesothelioma victim passes away before his or her claims are resolved. A wrongful death claim is often added to the personal injury claims under these circumstances. A victim’s family may need to expedite the appointment of a representative in order to meet filing deadlines under the applicable statute of limitations.
Average Mesothelioma Lawsuit Settlements
The Mesothelioma Asbestos Awareness Center recently reported that the average mesothelioma lawsuit settled for damages of more than $1 million. When cases are taken to trial, the average verdict is $2.4 million. These averages are representative of the specific cases that have been reported, and the compensation that you may be entitled to will depend upon the specific facts of your case. Regardless of previous asbestos settlement amounts, nobody can guarantee that you will receive a definite amount of compensation or any damages at all, but an experienced and knowledgeable mesothelioma attorney can provide the information you need to help you estimate the value of your case.
Call Mesothelioma Lawyers at Showard Law Firm
Showard Law Firm has established a national reputation in its representation of mesothelioma victims. Partner with asbestos lawyers who will devote the full amount of time and energy that is required to develop your case and to prosecute it against the party or parties that are responsible for causing your illness.
Please call us if you have been diagnosed with mesothelioma or if you worked in an asbestos-contaminated environment and you are now exhibiting any mesothelioma symptoms, including chest pain, shortness of breath, painful coughing, or sudden weight loss. We will evaluate your case and, if merited, we will help you promptly file your lawsuit to recover the largest amount of damages that is available to compensate you and your family for your expenses and losses.
Additional Resources:
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- maacenter.org: Mesothelioma Trust Funds. https://www.maacenter.org/legal/trust-funds/
- mayoclinic.org: Mesothelioma. https://www.mayoclinic.org/diseases-conditions/mesothelioma/symptoms-causes/syc-20375022